A Barnstable Police Sergeant stopped Chown for speeding. He noticed that Chown had a valid Canadian Driver’s License and an expired Massachusetts License. If he was a non-resident, he would legally be allowed to drive on his out of state license. Alternatively, if he was a resident of Massachusetts, he was required to obtain a Mass. license. The law contains several factors used to determine whether someone is a resident or not. These factors include where the person is registered to vote, where the person declares his primary or principal residence for homeowner’s insurance purposes, whether he or she receives welfare or other public benefits from Massachusetts, and whether the person receives any benefits, deductions, privileges, or exceptions based on Massachusetts residency.

In this case, the police suspected that Chown was a Massachusetts resident. However, they undertook no investigation to address the above-listed factors. Therefore, Chown’s arrest was made without probable cause and declared invalid. Since his arrest for driving without a valid license, which is also known as unlicensed operation, was invalid, the cocaine and marijuana that was discovered as a result of his arrest must be suppressed. This will result in a not guilty verdict or dismissal of the charges of trafficking in a Class B controlled substance and possession of marijuana with intent to distribute. A conviction of these charges would have triggered automatic 5 year and 3 year license revocations.

Mass. RMV Lawyers is not a government agency or affiliated with the Massachusetts Registry of Motor Vehicles or any DMV. You can reach the suspension section of the Mass. RMV at 857-368-8200 and you can reach the Mass. Board of Appeal at 617-521-7794.

This web site presents general information about Massachusetts RMV Lawyers and it is not intended as legal advice and it should not be considered or relied upon as such. Contacting Mass. RMV Lawyers by email or telephone will not establish an attorney-client relationship, which can only be established through mutual agreement and with written communication of the legal fee and terms of representation. Absent current confirmation of engagement, any information or documents transmitted by you to us will not be treated as confidential, secret, or protected in any way. The contents of this web site is considered attorney advertising and Attorney Brian E. Simoneau is responsible for its content. Mass. RMV Lawyers is not a state agency or affiliated with the Registry of Motor Vehicles. We are private practice attorneys who assist clients with Massachusetts License Reinstatement and Hardship License cases. If you are attempting to reach the Massachusetts Registry of Motor Vehicles Driver Control Unit (Suspension Department), you can call the RMV at 857-368-8200. You can reach the Board of Appeal of the Massachusetts Division of Insurance at (617) 521-7794.